True or False: If an I-130 petitioner dies, USCIS has discretion to not revoke approval of the petition.

• A. True
• B. False

Answer: (A)

The statement is true because when an I-130 petition is approved and the petitioner passes away, USCIS has the discretion to decide whether to revoke the approval of the petition or to allow it to remain in effect. This discretion allows for a more compassionate approach in certain cases, particularly when the beneficiary is already in the process of adjusting status or when it would serve the public interest to keep the petition active.

There are specific circumstances outlined in immigration law where a petition can be upheld even posthumously, such as when the beneficiary is a widow or widower, or if other qualifying factors apply that would allow the beneficiary to continue the process without the original petitioner. This ability to hold the approval allows cases to potentially proceed that might otherwise face closure or denial due to the petitioner's death.

In contrast, the other statement would imply that USCIS must automatically revoke the petition upon the petitioner’s death, which would not take into consideration the discretionary powers they hold to assess each situation individually. This flexibility is crucial for addressing the varying circumstances surrounding immigration cases.